A jury convicted Guandique in 2010. The case was reopened late last year when the government alerted Fisher to new, potentially impeaching information related to a key government witness at trial, Armando Morales. Morales, who shared a cell with Guandique, testified that Guandique confessed to him that he killed Levy. Guandique's lawyers say the new information contradicted Morales' trial testimony that he had never come forward to law enforcement in the past; prosecutors have downplayed its significance.

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Guandique's lawyers were also looking for evidence Morales not only spoke with law enforcement, but also that he gave unreliable or false information. During the April hearing, according to the transcript, Klein called Morales "a liar."